Massachusetts updates on employee benefits and sick leave

At a glance

• Employers generally are not required to allow employees to continue to accrue vacation, sick time and similar benefits while on paid family or medical leave, according to the Massachusetts Supreme Judicial Court.
• Effective November 21, 2024, a new state law allows employees to use sick leave time for pregnancy loss, unsuccessful assisted reproduction, or failed adoption / surrogacy.

On September 13, 2024, the Massachusetts Supreme Judicial Court held that employers are not required to guarantee the accrual of vacation, sick time, and similar benefits while employees are on paid family and medical leave. 

According to the Court, while the Massachusetts Paid Family and Medical Leave Act requires employers to put employees back in the same or equivalent position when they return from leave – with no loss of accrued length-of-service credit and vacation and sick time – it does not mandate the accrual of benefits during the leave period.

Employers must continue to provide health insurance benefits to employees during the leave period at the same level and under the same conditions as if the employees had been working continuously.

In other news, effective November 21, 2024, employees can use earned sick time to 'address the employee’s own physical and mental health needs, and those of their spouse, if the employee or the employee’s spouse experiences pregnancy loss or a failed assisted reproduction, adoption or surrogacy.'

These changes are part of a larger bill: An Act Promoting Access to Midwifery Care and Out-of-Hospital Birth Options. 

The new law highlights a broader trend towards providing time off for significant life events. Employers in Massachusetts are encouraged to review and update their leave policies by November 21, 2024, and ensure managers and supervisors are aware of the expanded reasons for using sick leave.